VINIT KUMAR MATHUR,J. - (1.) "Life and death are divine act and this divine authority has been delegated to the Courts by law in exceptional circumstances. The authority delegated is very difficult and requires all cautions in its exercise. The first and foremost effort of a Court should be to continue the life till its arrival at natural end and the delegated divine authority should be exercised only after arriving at a conclusion about non-existence of any other option except awarding judicial death. The non-availability of other option than to award death should be shown by "special reasons for death sentence" as required under sub-section (3) of section 354 of Code of Criminal Procedure, 1973."
(2.) A Division Bench of this Court in State of Rajasthan v. Kalu Khan; D.B. Criminal Murder Reference No. 02/2013 with D.B. Criminal Jail Appeal No. 293/2013 observed as-above. With full faith in almighty we have examined facts of the present case to discharge our pious duty with all cautions.
(3.) The present death reference and the appeal arise out of the Judgment dated 01.03.2017 passed by learned Additional Sessions Judge, Parbatsar, District Nagaur in Sessions Case No. 47/2014 and are being disposed of by this common order since, they arise out of the same order.;